Schramm v. O'Connor

Citations

• 98 Ill. 539
• 1881 Ill. LEXIS 288

Syllabus

<p>1. Fraud—to set aside contract for land. A party, before closing a contract for the exchange of city property in this State for land in the State of Indiana, agreed to be governed by the report of a third person, who had bought an adjoining tract, as to its quality, value, etc. Such person, acting as the agent of the said party, examined the land, and made his report to his principal, upon which the contract was closed: Held, that, in the absence of proof of any collusion between the agent and the other party, the contract could not be set aside upon the ground of alleged fraudulent misrepresentations, even if false statements were made by the agent in regard to the quality of the soil and extent of improvements on the land, or value of the premises.</p> <p>2. Same—representations as to value. Mere exaggeration in praise of land, pending a negotiation for its sale or exchange, as to its excellence and value, made by the owner, being expressions only as to matters of opinion, is no ground for setting aside a contract for the sale or exchange of the same, by the grantee, especially where the grantee did not rely upon such representations.</p> <p>3. Mental capacity—as affected by drunkenness. A drinking man’s contracts will not be set aside for the alleged want of mental capacity from that cause, where the proof fails to show insanity. If rational, and fully competent to transact any kind of business at the time, his contract, made for the exchange of his wife’s land, with her knowledge, consent and approval, will be sustained.</p>